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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 8

Citation
Section 8
Parent Document
Commission on Human Rights & Opportunities v. Sullivan Associates, 250 Conn. 763 (1999)
Jurisdiction
Connecticut (state)
Effective Date
1999-10-12

Other Sections in This Document (133)

Full Text

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Each of these considerations leads us to conclude that federal law does not preempt the mandate of § 46a-64c requiring landlords to rent to otherwise qualified tenants whose income includes section 8 funding. On its face, 42 U.S.C. § 1437f contains no express preemption clause. Furthermore, the federal statute does not “occupy the field” so comprehensively that states implicitly are prohibited from acting in the arena of low income housing assistance. Indeed, 42 U.S.C. § 1437f explicitly contemplates state and local participation in the section 8 program. See, e.g., 42 U.S.C. § 1437f (b) (authorizing secretary of HUD to enter into contracts with local public housing authorities); 42 U.S.C. § 1437f (d) (authorizing local public housing authorities to enter into housing payments contracts with landlords).